One of the President of the United States’ greatest constitutional powers is the power to grant pardons.
A presidential pardon can forgive federal crimes, restore certain rights, or even prevent federal prosecution before charges are ever filed. Every president has used this authority, but few have used it in ways that generated as much public debate as President Joe Biden.
Some praised Biden for protecting public servants and correcting what they believed were unfair prosecutions. Others argued that he used the pardon power to shield political allies and even members of his own family from future investigations.
Here’s a look at some of President Biden’s most notable pardons and why they became so controversial.
What Is a Presidential Pardon?
Article II, Section 2 of the U.S. Constitution gives the President the authority to grant pardons for federal offenses.
A pardon does not determine whether someone is innocent or guilty. Instead, it forgives federal criminal liability.
A president may also issue a preemptive pardon, meaning someone can receive a pardon before ever being charged with a crime.
That type of pardon has been used only a handful of times in American history.
(Read more: Understanding the Presidential Pardon Power)
Hunter Biden
Who is he?
Hunter Biden is President Biden’s son.
Why was he pardoned?
Hunter Biden had been convicted in a federal firearms case and pleaded guilty in a separate federal tax case.
President Biden had previously said he would not pardon his son. Later, he reversed that position and granted Hunter a full pardon covering federal offenses committed during a ten-year period.
Biden argued that Hunter had been treated unfairly because of politics.
Critics argued the pardon represented a conflict of interest because it benefited the President’s own son.
Official source:
https://www.justice.gov/pardon/pardons-granted-president-joseph-biden-2021-2025
Dr. Anthony Fauci
Who is he?
Former Director of the National Institute of Allergy and Infectious Diseases (NIAID).
Why was he pardoned?
Before leaving office, President Biden issued Fauci a broad preemptive pardon covering possible federal offenses connected to his government service.
The White House said Fauci had dedicated decades to public service and should not face politically motivated prosecutions.
Critics argued the pardon came while Congress continued investigating the federal government’s COVID-19 response.
Today, Fauci remains under congressional scrutiny following a Senate committee vote recommending contempt after he invoked the Fifth Amendment during testimony.
(Read our full article:
Fauci Held in Contempt: Who Else Could Face Congressional Scrutiny?)
Official source:
https://www.justice.gov/pardon/pardons-granted-president-joseph-biden-2021-2025
General Mark Milley
Who is he?
Former Chairman of the Joint Chiefs of Staff.
Why was he pardoned?
General Milley received a preemptive pardon after repeated criticism from President Donald Trump.
President Biden said Milley faithfully served the country and should not face investigations simply because of political disagreements.
Supporters viewed the pardon as protecting military leaders.
Critics argued it prevented future accountability.
January 6 Committee Members
Recipients included:
- Liz Cheney
- Bennie Thompson
- Adam Schiff
- Jamie Raskin
- Adam Kinzinger
- Pete Aguilar
- Zoe Lofgren
- Stephanie Murphy
along with committee staff.
Why were they pardoned?
President Biden said committee members should not become targets of political retaliation for conducting congressional investigations.
Opponents argued that if committee members acted appropriately, there would be no need for pardons.
Supporters argued the pardons protected Congress from politically motivated prosecutions.
Capitol Police Officers
Several officers who testified before the January 6 Committee also received preemptive pardons.
President Biden said they defended the Capitol and deserved protection from future legal retaliation.
James Biden
President Biden’s brother.
Received a broad preemptive pardon covering potential nonviolent federal offenses.
The White House said members of Biden’s family had become political targets.
Critics questioned why family members needed pardons if they had committed no crimes.
Frank Biden
President Biden’s brother.
Received a similar pardon for potential nonviolent federal offenses.
The stated reason was protection from politically motivated investigations.
Valerie Biden Owens
President Biden’s sister.
Received a broad pardon covering potential nonviolent federal offenses during the covered period.
John Owens
President Biden’s brother-in-law.
Received the same family pardon.
Sara Biden
President Biden’s sister-in-law.
Received the same family pardon.
Leonard Peltier
Instead of a pardon, Biden commuted Leonard Peltier’s sentence to home confinement.
Supporters believed his age and health justified clemency.
Opponents argued the murders of two FBI agents should continue carrying a life sentence in prison.
Federal Death Row
President Biden commuted the death sentences of 37 federal death row inmates to life imprisonment without parole.
He did not commute the sentences of:
- Dzhokhar Tsarnaev
- Dylann Roof
- Robert Bowers
The White House said those three cases involved terrorism or hate-motivated mass murder.
Marijuana Possession Pardons
President Biden also issued broad pardons for many federal marijuana possession offenses.
The goal was to reduce barriers to employment, housing, and education for people convicted of low-level federal marijuana crimes.
Thousands of Nonviolent Drug Offenders
President Biden commuted the sentences of roughly 2,500 people convicted of nonviolent drug offenses.
The White House argued many had received excessively long sentences under older federal sentencing laws.
Why Were These Pardons So Controversial?
Most presidents pardon people who have already been convicted.
President Biden’s final clemency actions were different because several were preemptive pardons.
That means the recipients had not been charged with federal crimes related to the conduct covered by the pardon.
The controversy centered around three major questions:
Should presidents pardon family members?
Should presidents pardon government officials before investigations are complete?
Should a president use the pardon power to prevent future prosecutions?
Reasonable people answer those questions differently.
Some believe the pardons protected public servants from political retaliation.
Others believe they prevented legitimate investigations from ever reaching court.
Those debates are likely to continue for years.
Why This Matters
Regardless of political party, presidential pardons demonstrate just how powerful the executive branch can be.
The Constitution gives presidents enormous authority to forgive federal crimes, but every use of that authority shapes public trust in government.
As Congress continues investigating several recipients of these pardons, courts and lawmakers may eventually answer new questions about the limits of presidential clemency, preemptive pardons, and whether a future administration can challenge how those pardons were issued.
Weigh In
Should presidents be allowed to issue preemptive pardons to family members and senior government officials before criminal charges are ever filed?
Share your thoughts in the comments below. Truth Trench Think Tank researches government accountability, constitutional powers, and public sentiment to help Americans better understand how their government works.
